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documents and testimony, and a magistrate judge will decide how much

to award to the plaintiff. Magistrate courts do not allow “jury trials,”
which is where a party may request a jury to determine who wins. Either

party may appeal a magistrate court judgment to a superior court. After
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appeal, the case essentially starts all over again with a new trial.
State and Superior Courts. There are some differences between

state and superior courts, but for most automobile accident claims, these
courts operate similarly. First, there is no jurisdictional limit to the amount

the court can award, meaning that the court may award as much in
damages as it sees fit. Second, either party may demand a trial by jury of
12 persons to decide the case. (However, in state court a jury of 6 decides

the case unless a party demands a jury of 12). Finally, these courts are
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much more formal in procedure than magistrate or civil court. Once a
lawsuit is initiated in state or superior court, the defendant has thirty days

to answer the lawsuit. After the answer is filed, the court typically
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requires a six-month period of “discovery.” The discovery period is where
the parties can exchange documents, take depositions, attend mediation

and file pre-trial motions. 12 Once the six-month discovery period has
expired, the parties may request the case to be scheduled for trial.

A plaintiff’s attorney who has prepared his client’s case as if he
were ready to take the claim to trial before a jury is much more likely to
obtain a favorable outcome once the case goes to Court. It is very

important that all documentation and evidence listed above is in proper
order and ready for trial—well before the actual trial takes place.

9 O.C.G.A. § 15-10-41 (2013).
10 Trial Handbook for Ga. Lawyers § 6:1 (3d ed.).
11 O.C.G.A. § 9-11-12 (2013).
12 Ga. Unif. Super. Ct. R. 5.1.
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